311.04
Deputy sheriffs.

(1)
Subject to division (C) of this section,
the sheriff may appoint, in writing, one or more deputies. At the time of the
appointment, the sheriff shall file the writing upon which the appointment is
made with the clerk of the court of common pleas, and the clerk of the court
shall enter it upon the journal of the court. The sheriff shall pay the clerk's
fees for the filing and journal entry of the writing. In cases of emergency,
the sheriff may request of the sheriff of another county the aid of qualified
deputies serving in those other counties of the state, and, if the consent of
the sheriff of that other county is received, the deputies while so assigned
shall be considered to be the deputies of the sheriff of the county requesting
aid. No judge of a county court or mayor shall be appointed a deputy.

(2)
Notwithstanding section
2335.33 of the Revised Code, the
sheriff shall retain the fee charged pursuant to division (B) of section
311.37 of the Revised Code for the
purpose of training deputies appointed pursuant to this section.

(1)
The sheriff shall not appoint a person as
a deputy sheriff pursuant to division (B)(1) of this section on a permanent
basis, on a temporary basis, for a probationary term, or on other than a
permanent basis if the person previously has been convicted of or has pleaded
guilty to a felony.

(ii)
Pleads guilty to a misdemeanor pursuant
to a negotiated plea agreement as provided in division (D) of section
2929.43 of the Revised Code in
which the deputy sheriff agrees to surrender the certificate awarded to the
deputy sheriff under section
109.77 of the Revised Code.

(b)
The sheriff shall
suspend from employment any deputy sheriff appointed under division (B)(1) of
this section if the deputy sheriff is convicted, after trial, of a felony. If
the deputy sheriff files an appeal from that conviction and the conviction is
upheld by the highest court to which the appeal is taken or if the deputy
sheriff does not file a timely appeal, the sheriff shall terminate the
employment of that deputy sheriff. If the deputy sheriff files an appeal that
results in that deputy sheriff's acquittal of the felony or conviction of a
misdemeanor, or in the dismissal of the felony charge against the deputy
sheriff, the sheriff shall reinstate that deputy sheriff. A deputy sheriff who
is reinstated under division (C)(2)(b) of this section shall not receive any
back pay unless that deputy sheriff's conviction of the felony was reversed on
appeal, or the felony charge was dismissed, because the court found
insufficient evidence to convict the deputy sheriff of the felony.

(3)
Division (C) of this section
does not apply regarding an offense that was committed prior to January 1,
1997.

(4)
The suspension from
employment, or the termination of the employment, of a deputy sheriff under
division (C)(2) of this section shall be in accordance with Chapter 119. of the
Revised Code.